CALIFORNIA IS IN the eye of the storm over the enforcement of pre-dispute arbitration clauses in consumer and employment cases. These non-negotiated agreements to arbitrate all future disputes, imbedded in contracts that are offered on a take it or leave it basis, curtail any meaningful opportunity to pursue a claim in court and limit the right to be part of a class action lawsuit
This symposium was presented in the 2008 Annual Meeting of the Contracts Section of the American Ass...
California is casting uncertainty on the employer’s ability to implement mandatory arbitration agree...
Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mand...
NOT TOO LONG ago, the only mandatory pre-dispute arbitration clause imposed on consumers was found i...
We begin this article by framing the issue in simple terms. The statute itself is clear. The FAA con...
As more employers include mandatory arbitration provisions in their employment contracts, policy-mak...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
Ultimately, this essay will conclude that a private, ad hoc dispute system design process did lead t...
This commentary looks at a Supreme Court case, Imburgia v. DIRECTV, in which the Court faces the que...
There have been many well-articulated and convincing critiques aimed at mandatory arbitration. Indee...
Mandatory arbitration provisions in contracts of adhesion expose the difficult tension between indiv...
California is one of the largest economies in the world. It is home to many of the most successful c...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals al...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This symposium was presented in the 2008 Annual Meeting of the Contracts Section of the American Ass...
California is casting uncertainty on the employer’s ability to implement mandatory arbitration agree...
Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mand...
NOT TOO LONG ago, the only mandatory pre-dispute arbitration clause imposed on consumers was found i...
We begin this article by framing the issue in simple terms. The statute itself is clear. The FAA con...
As more employers include mandatory arbitration provisions in their employment contracts, policy-mak...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
Ultimately, this essay will conclude that a private, ad hoc dispute system design process did lead t...
This commentary looks at a Supreme Court case, Imburgia v. DIRECTV, in which the Court faces the que...
There have been many well-articulated and convincing critiques aimed at mandatory arbitration. Indee...
Mandatory arbitration provisions in contracts of adhesion expose the difficult tension between indiv...
California is one of the largest economies in the world. It is home to many of the most successful c...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals al...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This symposium was presented in the 2008 Annual Meeting of the Contracts Section of the American Ass...
California is casting uncertainty on the employer’s ability to implement mandatory arbitration agree...
Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mand...